The High Court at Patna granted anticipatory bail to the petitioner in a dowry torture case triable by a Magistrate. He was permitted to surrender within six weeks, post which he would be released on bail bonds of Rs.10,000 with two sureties.
Anticipatory bail granted subject to surrender within six weeks with bonds of Rs.10,000 and two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18121 of 2018
Arising Out of PS. Case No.-1040 Year-2010 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad
======================================================
Mohan Thakur Son of late Gauri Thakur Resident of Village- Tulsipur, P.S. Ghoshi ,District- Jehanabad.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Rohit Mishra For the Opposite Party/s : Mr. HARENDRA PRASAD ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 29-03-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 323, 504 and 498A/34 of the Indian Penal Code.
Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the
Patna High Court Cr.Misc. No.18121 of 2018(2) dt.29-03-2018 2/2
present case due to petty family dispute. The case is triable by the Magistrate. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182 .
On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Ranjan Kumar, Judicial Magistrate, 1st Class, Jehanabad in connection with Complaint Case No. 1040/2010, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Pankaj/-
U T
(Sudhir Singh, J)
1 issue framed by the court
Whether the petitioner should be granted anticipatory bail subject to surrender within six weeks.
Colour shows how this judgement treated each authority
Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of BiharRelied on
2006(3) PLJR 182
2 provisions across 2 enactments
Mohan Thakur
State of Bihar
Sangita Devi
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
